Reference re Environmental Management Act, 2020 SCC 1
| Jurisdiction | Federal Jurisdiction (Canada) |
| Judge | Wagner, Richard; Abella, Rosalie Silberman; Moldaver, Michael J.; Karakatsanis, Andromache; Côté, Suzanne; Brown, Russell; Rowe, Malcolm; Martin, Sheilah; Kasirer, Nicholas |
| Citation | 2020 SCC 1 |
| Date | 16 January 2020 |
| Court | Supreme Court (Canada) |
| Docket Number | 38682 |
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17 practice notes
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Calgary (City) v Bell Canada Inc., 2020 ABCA 211
...Columbia’s appeal “for the unanimous reasons of the Court of Appeal for British Columbia”: Reference re Environmental Management Act, 2020 SCC 1. [55] We endorse and adopt the approach of Newbury JA, but more importantly, we are bound by it. It follows that we do not endorse the approach ad......
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Reference re Greenhouse Gas Pollution Pricing Act, 2020 ABCA 74
...aspect: Reference Re Environmental Management Act (BC), 2019 BCCA 181 at para 16, 434 DLR (4th) 213 [Environmental Management], aff’d 2020 SCC 1. Nor is there any possibility of federal and provincial governments having “concurrent” jurisdiction over GHG emissions, concurrent jurisdicti......
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Reference re Impact Assessment Act, 2023 SCC 23
... [2005] 2 S.C.R. 473 ; Reference re Environmental Management Act (British Columbia), 2019 BCCA 181 , 434 D.L.R. (4th) 213 , aff’d 2020 SCC 1, [2020] 1 S.C.R. 3 ; Quebec (Attorney General) v. Canada (National Energy Board), [1994] 1 S.C.R. 159 ; Rio Hotel Ltd. v. New Brunswick (Li......
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Mikisew Cree First Nation v. Canadian Environmental Assessment Agency, 2023 FCA 191
...BCCA 321, 29 B.C.L.R. (6th) 77 at paragraph 9 and Reference re Environmental Management Act (British Columbia), 2019 BCCA 181, aff’d 2020 SCC 1 at paragraph 51. I also believe that the facts in Coastal First Nations are distinguishable from those in the case at bar because there has ......
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9 cases
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Calgary (City) v Bell Canada Inc., 2020 ABCA 211
...Columbia’s appeal “for the unanimous reasons of the Court of Appeal for British Columbia”: Reference re Environmental Management Act, 2020 SCC 1. [55] We endorse and adopt the approach of Newbury JA, but more importantly, we are bound by it. It follows that we do not endorse the approach ad......
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Reference re Greenhouse Gas Pollution Pricing Act, 2020 ABCA 74
...aspect: Reference Re Environmental Management Act (BC), 2019 BCCA 181 at para 16, 434 DLR (4th) 213 [Environmental Management], aff’d 2020 SCC 1. Nor is there any possibility of federal and provincial governments having “concurrent” jurisdiction over GHG emissions, concurrent jurisdicti......
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Reference re Impact Assessment Act, 2023 SCC 23
... [2005] 2 S.C.R. 473 ; Reference re Environmental Management Act (British Columbia), 2019 BCCA 181 , 434 D.L.R. (4th) 213 , aff’d 2020 SCC 1, [2020] 1 S.C.R. 3 ; Quebec (Attorney General) v. Canada (National Energy Board), [1994] 1 S.C.R. 159 ; Rio Hotel Ltd. v. New Brunswick (Li......
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Mikisew Cree First Nation v. Canadian Environmental Assessment Agency, 2023 FCA 191
...BCCA 321, 29 B.C.L.R. (6th) 77 at paragraph 9 and Reference re Environmental Management Act (British Columbia), 2019 BCCA 181, aff’d 2020 SCC 1 at paragraph 51. I also believe that the facts in Coastal First Nations are distinguishable from those in the case at bar because there has ......
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3 firm's commentaries
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Public Inquiry Into Anti-Alberta Energy Campaigns To Proceed After Court Dismissal
...argued that the OIC was ultra vires provincial authority. As confirmed in Reference re Environmental Management Act, 2019 BCCA 18; aff'd 2020 SCC 1, the approval and regulation of interprovincial railways and pipelines fall exclusively within federal jurisdiction. However, the notion of reg......
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Federalism In The Patch: Canada's Energy Industry And Constitutional Division Of Powers
...Reference]. 9 2019 ONCA 544 [Ontario GHG Reference]. 10 2020 ABCA 74 [Alberta GHG Reference]. 11 2019 BCCA 181 [Pipeline Reference], aff'd 2020 SCC 1. 12 2019 ABQB 550 [BC v Alberta QB]. This case was ultimately continued in the Federal Court: British Columbia (Attorney General) v Alberta (......
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Federal Court Of Appeal Lifts Injunction On Alberta's "Turn Off The Taps" Legislation
...challenge. This decision comes on the heels of the Supreme Court of Canada's decision in Reference re Environmental Management Act, 2020 SCC 1 (the BC Reference Case), which ruled that BC's attempt to regulate imports of "heavy oil" into the province was unconstitutional. It is likely that ......
5 books & journal articles
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Environmental Policy is Economic Policy: Climate Change Policy and the General Trade and Commerce Power.
...Columbia in Reference re Environmental Management Act (British Columbia), 2019 BCCA 181 , aff'd Reference re Environmental Management Act, 2020 SCC 1. Federal infrastructure is used here as defined in the section 92 exceptions to provincial jurisdiction over works and undertakings in the (......
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IMPLEMENTING UNDRIP: AN ANALYSIS OF BRITISH COLUMBIA'S DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLESACT.
...(87 )See e.g. Reference re Environmental Management Act (BC), 2019 BCCA 181, leave to appeal to SCC dismissed orally from the bench, 2020 SCC 1. The case concerned the constitutionality of amendments to provisions in the Environmental. Management Act, SBC 2003, c 53 regarding the impacts of......
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FINDING RECONCILIATION IN DARK TERRITORY: COASTAL GASLINK, COLDWATER, AND THE POSSIBLE FUTURES OF DRIPA.
...Act (British Columbia), 2019 BCCA 181. For the SCC's dismissal of the Province's appeal, see Reference re Environmental Management Act, 2020 SCC 1. (72) Haida, supra note 20 at para (73) Sparrow, supra note 13 at 1103. (74) See the following for a small sample of the vast literature on the ......
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CANADIAN FEDERALISM'S UNDERLYING QUESTION: WHAT IT IS AND WHY IT MATTERS.
...(Calgary: National Energy Board, 18 January 2018); Reference re Environmental Management Act (British Columbia), 2019 BCCA 181 , aff'd 2020 SCC 1. Compare these decisions with Coastal First Nations--Great Bear Initiative Society v British Columbia (Minister of Environment), 2016 BCSC 34 ......
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